Terms & Conditions

I. GENERAL INFORMATION

In compliance with the duty of information established in the Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11th, the following general information data of this website are provided:

The ownership of this website, racingontime.com, (hereinafter, Website) is held by: Hugo Polit Jaramillo, with NIF: 54XXXXXXX, and whose contact details are:

Address:
08303 Mataró;
Spain
Contact email: info@racingontime.com

II. TERMS AND CONDITIONS OF GENERAL USE

The purpose of the conditions: The Website

The purpose of these General Terms and Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, i.e., the navigation tree; and all elements integrated into both the screen interfaces and the navigation tree (hereinafter, Content) and all those services or online resources that may be offered to Users (hereinafter, Services).

Racing On Time reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and of the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time Racing On Time may interrupt, disable, and/or cancel any of these elements that are integrated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, is free of charge without the User having to provide consideration to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User. The use of any of the Content or Services of the Website may be done by subscribing or registering the User in advance.

The User

Accessing, browsing, and using the Website, confers the status of User, so all the Conditions set forth herein are accepted, from the beginning of navigation on the Website, as well as its subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the above, it is recommended that the User read them each time they visit the Website. The Racing On Time Website provides a wide variety of information, services, and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

• The use of information, Content and/or Services and data offered by Racing On Time without contravening the provisions of these Conditions, the Law, morality, or public order, or that may in any other way infringe the rights of third parties or the proper functioning of the Website.
• The truthfulness and legality of the information provided by the User in the forms provided by Racing On Time for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Racing On Time of any event that allows the misuse of the information registered in such forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

Mere access to this Website does not imply the establishment of any kind of commercial relationship between Racing On Time and the User.

Always in compliance with current legislation, this Racing On Time Website is aimed at all individuals, regardless of age, who may access and/or browse the pages of the Website.

The Website is primarily aimed at Users residing in Spain. Racing On Time does not guarantee that the Website complies with the legislation of other countries, either totally or partially. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website, they will do so at their own risk, ensuring that such access and navigation comply with the local legislation applicable to them, with Racing On Time assuming no responsibility for any consequences that may arise from such access.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

Racing On Time does not guarantee the continuity, availability, and usefulness of the Website, nor of the Content or Services. Racing On Time will do everything possible for the proper functioning of the Website; however, it is not responsible nor does it guarantee that access to this Website will be uninterrupted or error-free.

Neither does it assume responsibility or guarantee that the content or software that may be accessed through this Website is free of errors or will not cause damage to the User's computer system (software and hardware). In no case shall Racing On Time be liable for any losses, damages, or harms of any kind arising from access, browsing, and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Racing On Time also does not accept responsibility for any damages that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for outages, interruptions, lack, or defects in telecommunications that may occur.

IV. PRIVACY POLICY AND DATA PROTECTION

Respecting the provisions of current legislation, Racing On Time undertakes to adopt the necessary technical and organizational measures, according to the appropriate level of security for the risk of the collected data.

Laws incorporated into this privacy policy

This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the internet. Specifically, it complies with the following regulations:

• The General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
• Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The data controller for the personal data collected on Racing On Time is: Hugo Polit Jaramillo, with NIF: 54XXXXXXX (hereinafter, also the Data Controller). His contact details are as follows:

Address:
08303 Mataró;
Spain
Contact email: info@racingontime.com

Personal Data Registry

In compliance with the GDPR and the LOPD-GDD, we inform you that the personal data collected by Racing On Time through the forms on its pages will be incorporated and processed in our files in order to facilitate, expedite, and fulfill the commitments established between Racing On Time and the User or the maintenance of the relationship established in the forms that the latter fills out, or to address a request or inquiry from the User. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in article 30.5 of the GDPR applies, a record of processing activities is maintained which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the GDPR.

Principles applicable to the processing of personal data

The processing of the User's personal data shall be subject to the following principles set forth in article 5 of the GDPR:

• Principle of lawfulness, fairness, and transparency: the User's consent shall be required at all times prior to completely transparent information on the purposes for which the personal data are collected.
• Principle of purpose limitation: personal data shall be collected for specified, explicit, and legitimate purposes.
• Principle of data minimization: the personal data collected shall be adequate, relevant, and limited to what is necessary for the purposes for which they are processed.
• Principle of accuracy: personal data shall be accurate and kept up to date.
• Principle of storage limitation: personal data shall be kept in a form which permits identification of the User for no longer than is necessary for the purposes for which the personal data are processed.
• Principle of integrity and confidentiality: Personal data shall be processed in a manner that ensures their security and confidentiality.
• Principle of proactive responsibility: the Data Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by Racing On Time are solely identifying data. In no case are special categories of personal data processed within the meaning of article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Racing On Time undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

The User shall have the right to withdraw their consent at any time. Withdrawing consent shall be as easy as giving it. As a general rule, withdrawing consent shall not condition the use of the Website.

On occasions when the User is required to or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they shall be informed if the completion of any of them is mandatory because they are essential for the proper performance of the operation carried out.

Purposes of the processing to which the personal data are intended

Personal data is collected and managed by Racing On Time for the purpose of facilitating, expediting, and fulfilling the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out, or to address a request or inquiry.

Likewise, the data may be used for commercial purposes of personalization, operation, and statistics, and activities inherent to the corporate purpose of Racing On Time, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, functioning, and navigation of the Website.

At the time when personal data is obtained, the User shall be informed about the specific purpose(s) of the processing to which the personal data will be intended; that is, the use or uses that will be given to the information collected.

Retention periods of personal data

Personal data shall only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 2 years, or until the User requests its deletion.

At the time when personal data is obtained, the User shall be informed about the period during which the personal data will be retained or, when this is not possible, the criteria used to determine this period.

Recipients of personal data

The User's personal data shall not be shared with third parties.

In any case, at the time when personal data is obtained, the User shall be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

Respecting what is established in articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years of age may give their consent to the lawful processing of their personal data by Racing On Time. If the individual is under 14 years of age, the consent of their parents or legal guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Racing On Time undertakes to adopt the necessary technical and organizational measures, according to the appropriate level of security for the risk of the collected data, to ensure the security of personal data and to prevent its destruction, loss, or alteration, whether accidental or unlawful, or unauthorized communication or access to such data.

The Website has an SSL certificate (Secure Socket Layer), which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted.

However, since Racing On Time cannot guarantee the impregnability of the internet or the total absence of hackers or others who may fraudulently access personal data, the Data Controller undertakes to promptly inform the User when a personal data breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. Pursuant to the provisions of article 4 of the GDPR, a personal data breach shall mean a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.

Personal data shall be treated as confidential by the Data Controller, who undertakes to inform and ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information available.

Rights derived from the processing of personal data

The User has with Racing On Time and may, therefore, exercise against the Data Controller the following rights recognized in the GDPR:

• Right of access: It is the User's right to obtain confirmation from Racing On Time as to whether or not their personal data is being processed and, if so, to obtain information about their specific personal data and the processing Racing On Time has carried out or is carrying out, as well as, among other things, the available information on the origin of such data and the recipients of the communications made or planned for them.
• Right to rectification: It is the User's right to have their personal data corrected if it is inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure ("the right to be forgotten"): It is the User's right, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for the processing; the User objects to the processing and there are no legitimate reasons to continue with it; the personal data has been unlawfully processed; the personal data must be erased to comply with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its implementation, shall take reasonable measures to inform the controllers who are processing the personal data of the data subject's request for deletion of any links to that personal data.
• Right to restriction of processing: It is the User's right to restrict the processing of their personal data. The User has the right to obtain the restriction of processing when they challenge the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
• Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive from the Data Controller their personal data in a structured, commonly used, and machine-readable format, and to transmit it to another data controller. Where technically feasible, the Data Controller shall transmit the data directly to that other controller.
• Right to object: It is the User's right to object to the processing of their personal data or to have the processing thereof ceased by Racing On Time.
• Right not to be subject to a decision based solely on automated processing, including profiling: It is the User's right not to be subject to an individualized decision based solely on automated processing of their personal data, including profiling, except as provided by current legislation.

Therefore, the User may exercise their rights by written communication addressed to the Data Controller with the reference "GDPR-racingontime.com", specifying:

• Name, surname of the User and copy of the ID card. In cases where representation is allowed, identification by the same means of the person representing the User shall also be necessary, as well as the documentary evidence of the representation. The photocopy of the ID card may be replaced by any other valid means in law that proves the identity.
• Request with the specific reasons for the request or information to which access is sought.
• Address for notifications.
• Date and signature of the applicant.
• Any document proving the request made.

This request and any other attached document may be sent to the following address and/or email:

Address:
08303 Mataró;
Spain
Contact email: info@racingontime.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Racing On Time, and therefore not operated by Racing On Time. The owners of such websites will have their own data protection policies, and they will be responsible, in each case, for their own files and privacy practices.

Complaints to the supervisory authority

If the User believes that there is a problem or infringement of current regulations in the way their personal data is being processed, they shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular, in the State where they have their habitual residence, place of work, or the place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency.

Acceptance and changes to this privacy policy

It is necessary for the User to have read and agree to the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller may proceed with it in the manner, for the periods, and for the purposes indicated. The use of the Website shall imply acceptance of its Privacy Policy.

Racing On Time reserves the right to modify its Privacy Policy, in accordance with its own criteria, or motivated by a legislative, jurisprudential, or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy shall not be explicitly notified to the User. It is recommended that the User consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was last updated on March 18, 2024, to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD).

V. COOKIE POLICY

Accessing this Website may involve the use of cookies. You can review our Cookie Policy by clicking on the following link:

Cookie Policy

Changes to the Cookie Policy

The Website's Cookie Policy may change or be updated, so it is advisable for the User to review this policy each time they access the Website in order to be properly informed about how and why we use cookies.

VI. LINK POLICY

Please note that the Racing On Time Website provides or may provide Users with means of access (such as, among others, links, banners, buttons), directories, and search engines that allow Users to access websites owned and/or managed by third parties.

The installation of these links, directories, and search engines on the Website aims to facilitate Users' search and access to information available on the Internet, without it being considered a suggestion, recommendation, or invitation to visit them.

Racing On Time does not offer or market, either directly or through third parties, the products and/or services available on such linked sites.

Likewise, Racing On Time will not guarantee the technical availability, accuracy, truthfulness, validity, or legality of sites not owned by it that can be accessed through the links.

Racing On Time will in no case review or control the content of other websites, nor does it endorse, examine, or take ownership of the products and services, content, files, and any other material existing on the mentioned linked sites.

Racing On Time assumes no responsibility for any damages that may occur due to the access, use, quality, or legality of the contents, communications, opinions, products, and services of websites not managed by Racing On Time and linked on this Website.

The User or third party who creates a hyperlink from a web page of another, different, website to the Racing On Time Website should know that:

Reproduction, in whole or in part, of any of the Contents and/or Services of the Website is not permitted without express authorization from Racing On Time.

Neither false, inaccurate, nor incorrect statements about the Racing On Time Website, nor its Contents and/or Services, are allowed.

Except for the hyperlink, the website where such hyperlink is established will not contain any element of this Website protected as intellectual property by Spanish law, unless expressly authorized by Racing On Time.

The establishment of the hyperlink will not imply the existence of relationships between Racing On Time and the owner of the website from which it is made, nor the knowledge and acceptance by Racing On Time of the contents, services, and/or activities offered on said website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Racing On Time, either on its own or as a assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access, and use, etc.). Consequently, they will be protected works as intellectual property by Spanish law, and the Spanish and community regulations in this field, as well as the international treaties on the subject signed by Spain, will apply to them.

All rights reserved. In accordance with the Intellectual Property Law, the reproduction, distribution, and public communication, including its mode of making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorization of Racing On Time, are expressly prohibited.

The User agrees to respect the intellectual and industrial property rights of Racing On Time. The User may view the elements of the Website or even print, copy, and store them on the hard drive of their computer or on any other physical medium as long as it is exclusively for their personal use. However, the User may not delete, alter, or manipulate any protection device or security system installed on the Website.

In the event that the User or a third party considers that any of the contents of the Website constitutes a violation of intellectual property rights protection, they must immediately notify Racing On Time through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION, AND JURISDICTION

Racing On Time reserves the right to take civil or criminal action it deems necessary for the misuse of the Website and Contents, or for non-compliance with these Conditions.

The relationship between the User and Racing On Time will be governed by the current regulations and applicable law in Spanish territory. If any controversy arises in relation to the interpretation and/or application of these Conditions, the parties will submit their disputes to the ordinary jurisdiction, submitting to the judges and courts that correspond according to the law.